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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
11-1 BOSTON POLICE DEPARTMENT.
11-2 SECURITY ALARM SYSTEMS.
11-3 NEIGHBORHOOD AND HUMAN SERVICES DEPARTMENT.
11-4 FIRE DEPARTMENT.
11-5 FIRE PREVENTION CODE.
11-5A FIRE ALARM SYSTEMS.
11-5B PROHIBITING THE SALE, POSSESSION AND USE OF FIREWORKS.
11-5C REGISTRATION OF LABORATORIES.
11-6 PUBLIC WORKS DEPARTMENT.
11-6.1 Powers and Duties of Commissioner.
11-6.2 Deputy Commissioner.
11-6.3 Use of Public Ways.
11-6.4 Street Lighting.
11-6.5 Bridges.
11-6.6 Record of Sewer Construction.
11-6.7 Sewer Plans.
11-6.8 Notice of Sewer and Street Work.
11-6.9 Permits for Street Work; Conditions Thereof.
11-6.10 Permits to Enter Drains.
11-6.11 Permits to Obstruct Sidewalks.
11-6.12 Permits for Coal Holes.
11-6.13 Permits to Move Buildings.
11-6.14 Permits for Laying Wires, Rails, Pipes and Conduits.
11-6.15 Permits for Poles.
11-6.16 Bonds Required Before Delivery of Permits.
11-6.17 Permits Prohibited.
11-6.18 Indemnity for City.
11-6.19 Appurtenant Structures in the Public Way.
11-6.20 Responsibility for Condition and Maintenance of Pavement.
11-6.21 Indemnity for City: Pavement Defects.
11-6.22 Temporary Repairs on Private Ways.
11-6.23 Responsibility for Area Surrounding Tracks and Rails.
11-6.24 Indemnity for City; Tracks and Rails.
11-6.25 Capital Improvement.
11-6.26 Guards for Steps and Entrances.
11-6.27 Excavations Under Sidewalk.
11-6.28 Record of Notices of Defects.
11-6.29 Water Supply.
11-6.30 Water Bills.
11-6.31 Water Income.
11-6.32 Water Meters.
11-6.33 Shutting Off Water.
11-6.34 Record of Water Takers.
11-6.35 Regulations for Water Takers.
11-6.36 Engineering Work.
11-6.37 Inspection and Measurement of Public Work.
11-6.38 Discontinuance of Public Work.
11-6.39 Charge Against Appropriations.
11-6.40 Division of Engineers; Qualifications.
11-6.41 Certificate of Qualifications of Engineers.
11-6.42 Annual Report.
11-6.43 Vehicles Interfering with the Removal of Snow.
11-6.44 Vehicles Interfering with the Collection of Garbage and Refuse.
11-7 PROPERTY MANAGEMENT DEPARTMENT.
11-8 LIBRARY DEPARTMENT AND TRUSTEES OF THE PUBLIC LIBRARY.
11-9 CIVIL DEFENSE DEPARTMENT.
11-10 PARKS AND RECREATION DEPARTMENT.
11-11 VOTER REGISTRATION ACCESSIBILITY.
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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11-6.24   Indemnity for City; Tracks and Rails.
   (A)   The above-mentioned parties, as a condition of such occupation, shall forever indemnify and save harmless the city against all claims and demands of all persons for damages, costs, expenses or compensation for, on account of or in any way growing out of, or as the result of any surface defect occurring wholly or in part within the area described in Subsection 11-6.23.
   (B)   When the city, constructs or reconstructs, repairs or repaves the above-mentioned pavement, this action shall not abrogate the responsibility of the above-mentioned parties.
(Ord. 1983 c. 2; CBC 1985 11-6.24)
11-6.25   Capital Improvement.
   The above-mentioned parties are required to cooperate with any capital improvement desired by the city in that they must repave or reconstruct the above-mentioned areas, to Public Works Department standards, to ensure the overall continuity of the project.
(Ord. 1983 c. 2; CBC 1985 11-6.25)
11-6.26   Guards for Steps and Entrances.
   The Commissioner shall require every person who maintains an entrance on a level with or below, or a flight of steps descending immediately from or near, the line of the street, which is not otherwise safely guarded to the satisfaction of the Commissioner, to enclose such entrance or steps with a permanent iron railing on each side at least 3 feet high from the top of the sidewalk or pavement, and to provide the same with a gate opening inwardly, or with two iron chains across the entrance way, one near the top and the other half way from the ground to the top of the railing, and to keep such gates or chains closed during the night, unless the entrance or steps are sufficiently lighted to prevent accident.
(Rev. Ord. 1961 c. 21 § 19; CBC 1975 Ord. T11 § 168; CBC 1985 11-6.26)
11-6.27   Excavations Under Sidewalk.
   The Commissioner shall close and fill up, at the expense of the owner of the premises abutting on a sidewalk, any excavation under such sidewalk, whether constructed under a permit or not, which has not been closed and filled up within five days after the Public Improvement Commission has ordered the owner so to do.
(Ord. 1954 c. 2 § 52; Rev. Ord. 1961 c. 21 § 20; CBC 1975 Ord. T11 § 169; CBC 1985 11-6.27)
Cross-reference:
   Ord. ss 8-7.1; Statutes, Title 14 § 155
11-6.28   Record of Notices of Defects.
   The Commissioner shall keep a record of the notices of defects in streets sent to him or her, with the name of the person giving the notice and the time when given, and shall without delay cause the locality of the alleged defect to be examined, and, if the defect is of such a character as to endanger the safety of public travel, shall do whatever may be necessary to protect the public from injury by the defect, and shall cause it to be immediately repaired.
(Rev. Ord. 1961 c. 21 § 21; CBC 1975 Ord. T11 § 170; CBC 1985 11-6.28)
11-6.29   Water Supply.
   The Commissioner shall have the care and control of all property acquired or held by the city for the purposes of its water supply; shall maintain the same in good order and condition; shall use and operate the same and furnish all supplies required therefor; shall purchase, lay, maintain and test all meters, pipes and other fixtures and appliances necessary for supplying water to the inhabitants of the city, including the placing of drinking fountains and supplying the same with cold water; shall take all measures necessary to protect and preserve the purity of the water; shall exercise a constant supervision over the use of water; shall have control of the water supply and may in a public emergency shut the water off and let it on at such times as he or she deems necessary; shall, with the approval of the Mayor, from time to time determine and establish the rates for the use of water; shall, whenever a water rate has remained unpaid for 30 days after its due date, send notice to the owner or tenant of the premises to which the water is supplied, that the water rate has become a lien on the premises and that if the water rate continues to remain unpaid, the water will be shut off; shall, if a water rate is not paid within ten days after sending the notice herein provided for, shut off the water from the particular service unless such action is inconsistent with law or unless, in the opinion of a physician designated by the Commissioner, the shutting off of such water would endanger the life of any person; shall not let on again water shut off for nonpayment of a water rate until a service charge of $2, in addition to the amount of the unpaid account, is paid except where the law requires the letting on again of the water without the payment of the unpaid account. However, the Commissioner may, in his or her discretion, waive the payment of such $2 service charge where the unpaid account is less than $20. The provisions relative to the shutting off and letting on of water shall apply when two or more persons take water from the same service pipe although one or more may have been paid the amount due from him or them. No charge shall be made for sending the notice herein provided for.
(Ord. 1941 c. 6; Rev. Ord. 1961 c. 21 § 22; CBC 1975 Ord. Tl1 § 171; CBC 1985 11-6.29)
Editor’s note:
   The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
11-6.30   Water Bills.
   The Commissioner shall, consistently with the ordinances, make contracts for the sale of water, and send out bills therefor, which shall be payable to the Collector-Treasurer; shall provide that bills for specific supplies of water shall be due and payable in advance and actually paid before the water is let on, that bills for water furnished and measured by meter shall not be less than $8 during any consecutive 12 months’ period and shall be due and payable on the due date specified on each bill rendered, and that the due dates thus specified shall be so established as to require payments at least as often as semi-annually. All contracts shall stipulate that an omission to send or a failure to receive a water bill under this Section or a notice under the preceding Section shall not affect the validity either of the water rate or of the proceedings for its enforcement or collection.
(Ord. 1954 c. 2 § 53; Rev. Ord. 1961 c. 21 § 23; CBC 1975 Ord. T11 § 172; CBC 1985 11-6.30)
Cross-reference:
   Statutes, Title 4 § 1; Ord. ss 6-3.5
Editor’s note:
   The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
11-6.31   Water Income.
   The Commissioner may designate one of his or her subordinates to be the head of the Water Division, who shall, if the Commissioner so directs, make abatements of charges for water where improperly assessed and exercise the powers of the Commissioner relative to the shutting off of water for nonpayment of a water rate and the waiver of the service charge for the shutting off and letting on of water; who shall also receive all money paid for service charges for the shutting off and letting on of water and all money paid or deposited on account of main, service, fire, elevator, motor and other pipes and the laying thereof and for repair work; shall give a receipt in behalf of the city therefor; shall pay, from the money so received, the amount found by him or her to be due the person paying any such money, as excess over the amount due the city; and shall, on or before the fifth day of every month, pay over the money in his or her possession due the city, and account for all money so received by him or her since the last accounting, as provided in Subsection 5-5.24.
(Ord. 1930 c. 6; Rev. Ord. 1961 c. 21 § 24; CBC 1975 Ord. T11 § 173; CBC 1985 11-6.31)
Editor’s note:
   The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
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